What are the requirements on construction survey in Vietnam? What are the rights and obligations of project owners in construction survey in Vietnam?
What are the requirements on construction survey in Vietnam?
First of all, according to the provisions of Article 73 of the 2014 Law on Construction in Vietnam, construction survey includes the following types:
(1) Topographic survey.
(2) Engineering geological survey.
(3) Hydrogeological survey.
(4) Survey of the actual state of works.
(5) Other surveys to serve construction investment activities as decided by investment deciders.
Pursuant to Article 74 of the 2014 Law on Construction in Vietnam stipulating the requirements on construction survey as follows:
Requirements on construction survey in Vietnam
1. Construction survey tasks and survey technique plans must suit types and grades of construction works, types of survey, designing steps and requirements of construction designing.
2. Construction survey technique plans must meet requirements of construction survey tasks and comply with applied construction survey standards and technical regulations.
3. Construction survey work must comply with construction survey technique plans, ensure safety and environmental protection, meet requirements of approved construction survey tasks, and shall be examined, supervised and tested for acceptance under regulations.
4. Construction survey results shall be presented in a report, must ensure truthfulness and objectivity and accurately reflect reality, and shall be approved.
5. Construction survey contractors must have sufficient capabilities suitable to types and grades of construction work and types of survey.
Thus, when carrying out a construction survey, it is mandatory to ensure that the above 5 requirements are fully met.
What are the requirements on construction survey in Vietnam? What are the rights and obligations of project owners in construction survey in Vietnam?
What are the rights and obligations of project owners in construction survey in Vietnam?
Pursuant to Article 76 of the 2014 Law on Construction in Vietnam stipulating the rights and obligations of project owners in construction survey as follows:
- Project owners have the following rights:
+ To conduct construction survey when having sufficient capability conditions;
+ To negotiate and sign construction survey contracts; to supervise and request construction survey contractors to properly perform signed contracts;
+ To approve construction survey tasks and survey technique plans prepared by design consultants or survey contractors, and assign survey tasks to construction survey contractors;
+ To adjust construction survey tasks according to reasonable requests of construction survey consultants;
+ To suspend the performance of, or terminate contracts in accordance with law;
+ Other rights prescribed by law.
- Project owners have the following obligations:
+ To choose construction survey contractors and supervisors in case they cannot conduct or supervise construction survey by themselves;
+ To provide information and documents related to survey work to construction survey contractors;
+ To set construction survey requirements and ensure conditions for construction survey contractors to perform their jobs;
+ To properly perform the signed construction survey contracts;
+ To organize supervision of construction survey work; to pre-acceptance test and approve survey results in accordance with law;
+ To pay compensations for damage caused by the provision of inappropriate information and documents and violations of construction survey contracts;
+ Other obligations stated in the contracts and prescribed by relevant laws.
What are the rights and obligations of construction survey contractors in Vietnam?
Article 77 of the 2014 Law on Construction in Vietnam stipulates the rights and obligations of construction survey contractors as follows:
Rights and obligations of construction survey contractors
1. Construction survey contractors have the following rights:
a/ To request project owners and related parties to provide relevant data and information in accordance with contracts for conducting construction surveys;
b/ To refuse to implement requests beyond construction survey contracts;
c/ To hire subcontractors to conduct construction surveys in accordance with construction survey contracts;
d/ Other rights stated in the contracts and prescribed by relevant laws.
2. Construction survey contractors have the following obligations:
a/ To strictly comply with construction survey requirements in accordance with this Law and construction survey contracts;
b/ To propose and add construction survey tasks when detecting factors directly affecting design solutions;
c/ To take responsibility for results and quality of construction surveys they have conducted; to take responsibility for managing the quality of surveys conducted by subcontractors (if any) and survey results of subcontractors. When participating in construction surveys, subcontractors shall take responsibility before contractors and law;
d/ To pay compensations for damage caused by improper performance of survey tasks, improper use of information, documents, standards and technical regulations on construction survey and violations of construction survey contracts;
dd/ Other obligations stated in the contracts and prescribed by relevant laws.
Thus, the rights and obligations of construction survey contractors are implemented in accordance with the above provisions.
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